1. Acceptance of terms
1.1 RetailGyan provides its Service (as defined below) to You through its web site located at www.RetailGyan.com (the “Site”), subject to this Terms of Engagement agreement (“TOE”). By accepting this TOE or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOE. If You are entering into this TOE on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOE, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these TOE, You must not accept these TOE and may not use the Service.
1.2 RetailGyan may change this TOE from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOE is not acceptable to You, your only remedy is to stop accessing and using the Service.
2. Description of service
The “Service” includes (a) the Site, (b) the on-demand RetailGyan tools and services provided through the Site and by the RetailGyan API made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the RetailGyan API (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOE.
3. General conditions/ access and use of the service
3.1. Subject to the terms and conditions of this TOE, You may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOE; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2. Subject only to the limited right to access and use the Service expressly granted to You under this TOE, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to RetailGyan. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with RetailGyan, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3. You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. RetailGyan reserves the right to access any or account in order to respond to your requests for technical support.
3.4. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to RetailGyan’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.5. The failure of RetailGyan to exercise or enforce any right or provision of this TOE shall not be a waiver of that right. You acknowledge that this TOE is a contract between You and RetailGyan, even though it is electronic and is not physically signed by you and RetailGyan, and it governs your use of the Service and takes the place of any prior agreements between You and RetailGyan.
RetailGyan and RetailGyan’s various logos used or displayed on the Service are intellectual property of RetailGyan and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the RetailGyan products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
5. Payment and refunds
5.1. Currently, access to RetailGyan.com website is free to all. In case we deicde to charge for the acess to part or full site, we will update our terms for such payments.
5.2 Our terms for advertising and sponsorships on RetailGyan.com website are mentioned in our proposal and invoice.
6. Cancellation and termination
6.1. You are responsible for properly cancelling your account. The account owner (as defined in the registration procedure) can cancel the account at any time by sending a mail to us. There are no other means of cancelling your account. If You cancel the Service after completing the payment, there will be no refund allowed and if account is deactivated before you consume the service, RetailGyan will not be responsible for providing the alternative services or refund of amount paid.
6.2. RetailGyan reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if RetailGyan believes that You have violated these TOE. RetailGyan will use best efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. RetailGyan shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
7. Disclaimer of warrants
The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, to the fullest extent permitted by law and RetailGyan expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that RetailGyan does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from RetailGyan or through the service shall create any warranty not expressly stated in this TOE.
8. Limitation of liability
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall RetailGyan be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption, inability to pass or appear in an exam, etc. In addition, RetailGyan shall not be liable for any direct damages, costs, losses or liabilities in excess of the service fee paid or payable by you. The provisions of this section allocate the risks under this TOE between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.
RetailGyan may assign or transfer this TOE, in whole or in part, without restriction.
10. Governing Law
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components. This TOE shall be governed by the laws of the State of Maharashtra without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of Courts at Mumbai for the purpose of resolving any dispute relating to your access to or use of the Service.